Nintendo 3DS Owners: Nintendo owns all your pictures, info, can brick your device...

[photon]

By accepting this Agreement or using a Nintendo 3DS System or the Nintendo 3DS Service, you also grant to Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in whole or in part and to incorporate your User Content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. (Chapter 1, Nintendo 3DS End User License Agreement)

http://www.defectivebydesign.org/nintendo

[Mazrim]

Sony, Microsoft and Nintendo all have the ability to "brick your device". That doesn't seem new at all.

Every single Wii update clearly states the same.

[photon]

I don't think they threaten it in their EULA though do they? They say they'll ban you from the online services, but not disable your device entirely.

[Mazrim]

Here is what the Wii says every time you update. I believe it is reiterated in the EULA.

[photon]

That doesn't say they will brick your Wii, just that it could (because they can't predict the interaction with stuff they didn't make).

Compare that with the 3DS one:

After the Nintendo 3DS menu is updated, any existing or future unauthorized technical modification of the hardware or software of your Nintendo 3DS System, or the use of an unauthorized device in connection with your system, will render the system permanently unplayable.

There's a world of difference between "could" and "will".

Why is there any pretense that you are purchasing anything at all, you're just paying to borrow.